Amendment No. 3 to 2013 Employee Stock Purchase Plan of Infinity Pharmaceuticals, Inc.

Summary

This amendment updates the 2013 Employee Stock Purchase Plan of Infinity Pharmaceuticals, Inc. by increasing the maximum number of shares available for purchase under the plan to 600,000, subject to adjustment. If demand for shares exceeds the available amount on any exercise date, shares will be allocated proportionally among participants. All other terms of the plan remain unchanged. The amendment was adopted by the Board of Directors on March 12, 2019, and approved by stockholders on June 13, 2019.

EX-10.4 3 a2013esppamendment3.htm EXHIBIT 10.4 Exhibit
Exhibit 10.4


AMENDMENT NO. 3 TO
2013 EMPLOYEE STOCK PURCHASE PLAN
OF
INFINITY PHARMACEUTICALS, INC.

The 2013 Employee Stock Purchase Plan (the “Plan”) of Infinity Pharmaceuticals, Inc. is hereby amended as follows:
1.Section 12(a) of the Plan is hereby deleted and a new Section 12(a) is inserted in lieu thereof which shall read as follows:

“(a)    The maximum number of shares of the Common Stock which shall be made available for sale under the Plan shall be 600,000 shares, subject to adjustment as provided in Section 18(a) hereof. If, on a given Exercise Date, the number of shares with respect to which options are to be exercised exceeds the number of shares then available under the Plan, the Company shall make a pro rata allocation of the shares remaining available for purchase in as uniform a manner as shall be practicable and as it shall determine to be equitable.”


Except as set forth above, the remainder of the Plan remains in full force and effect.


Adopted by the Board of Directors on March 12, 2019
Approved by the Stockholders on June 13, 2019